Board of Commissioners Regular Meeting

Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 1 of 24 Minutes Board of Commissioners Regular Meeting 7 p.m. Dec. 12, 2022 Board Meeting Room, Town Hall Annex, 105 E. Corbin St. Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Staff: Planning and Economic Development Manager Shannan Campbell, Police Chief Duane Hampton, Assistant Town Manager and Community Services Director Margaret Hauth, Town Attorney Bob Hornik, Town Clerk and Human Resources Technician Sarah Kimrey, Town Manager Eric Peterson, Utilities Director Marie Strandwitz and Communications Manager Catherine Wright Opening of the meeting Mayor Jenn Weaver called the meeting to order at 7 p.m. 1. Public charge Mayor Weaver did not read the public charge. 2. Audience comments not related to the printed agenda There was none. 3. Agenda changes and approval The following changes were requested: • Move Item 5E: Unified Development Ordinance text amendment – Section 6.5 Buffers; Sub-Section 6.5.7.2 Exceptions (Railroad Buffers) to Item 6F. • Move Item 6F: Review of town code amendments related to appointed board procedures to Item 6G. A motion was made to approve the agenda as amended. Motion made by Commissioner Kathleen Ferguson, seconded by Commissioner Mark Bell. Voting Yea: Commissioners Bell, Robb English, Ferguson and Matt Hughes, Absent: Evelyn Lloyd. 4. Appointments A. Tourism Board – Appointment of Megan Kimball with term ending May 9, 2024 A motion was made to approve appointment to the Tourism Board. Motion made by Commissioner Hughes, seconded by Commissioner Ferguson. Voting Yea: Commissioners Bell, English, Ferguson and Hughes. Absent: Lloyd. 5. Items for decision – consent agenda A. Minutes - Regular meeting Nov. 14, 2022 - Work session Nov. 28, 2022 - Work session closed session Nov. 28, 2022 B. Miscellaneous budget amendments and transfers C. Community Development Block Grant-Coronavirus Quarterly Report D. Classification and pay amendment  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 2 of 24 E. Unified Development Ordinance text amendment - Section 6.5 Buffers; Sub-Section 6.5.7.2 Exceptions (Railroad Buffers) E. Resolution Accepting a Donation to Help Fund Improvements to the Outdoor Areas of the Town Hall Campus to Encourage and Enhance Public Use A motion was made to approve the consent agenda as amended. Motion made by Commissioner Ferguson, seconded by Commissioner Hughes. Voting Yea: Commissioners Bell, English, Ferguson and Hughes. Absent: Lloyd. 6. Items for decision – regular agenda A. Request from Corbinton Commons HOA regarding plowing of streets in advance of street dedication Assistant Town Manager and Community Services Director Margaret Hauth reviewed the request for the town to plow streets in the Corbinton Commons neighborhood, noting the homeowners association would enter into a hold harmless agreement to cover any damage to town equipment that occurs in plowing. The roads have not yet been dedicated to the town by the developer, and the town has sent a letter to the owner and developer to encourage completion of the project. Dorie Bargmann, a resident and member of the homeowners association, spoke before the board about the request. A motion was made to provide snow removal service with a hold-harmless agreement. Motion made by Commissioner Ferguson, seconded by Commissioner Bell. Voting Yea: Commissioners Bell, English, Ferguson and Hughes. Absent: Lloyd. B. Annexation and General Use Rezoning – request from the Town of Hillsborough to: - Annex approx. 19.5 ac consisting of OC PIN 9874132066 - Rezone approx. 6.62 ac of that parcel from AR to LO (train station area) - Keep the remaining 12.88 ac zoned AR Planning and Economic Development Manager Shannan Campbell reviewed the request from the town, which is related to a planned train station. The town owns the 19.5 acres located in the central part of town. Within the parcel, 6.62 acres for the train station is requested to be rezoned from agricultural residential to limited office. A motion was made to approve the annexation ordinance, consistency statement and rezoning ordinance. Motion made by Commissioner Hughes, seconded by Commissioner Ferguson. Voting Yea: Commissioners Bell, English, Ferguson and Hughes. Absent: Lloyd. C. General Use Rezoning – Owls Woods (1700 NC 86 South, OC PIN 9874429362); Limited Office to High Intensity Commercial The planning and economic development manager reviewed the request to rezone the parcel owned by Owl Woods Development from limited office to high intensity commercial. She noted an initial request to rezone the parcel to multi-family was denied by the board. A motion was made to approve the rezoning ordinance and adopt a consistency statement. Commissioner Bell noted all board members are aware of the issues with this parcel, which is at an intersection with varying other zoning districts adjacent to it.  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 3 of 24 Motion made by Commissioner Hughes, seconded by Commissioner Bell. Voting Yea: Commissioners Bell, English, Ferguson and Hughes. Absent: Lloyd. D. General Use Rezoning and Future Land Use Plan Amendment – 1220 NC 57, OC PIN 9875075617; Business Park to Office and Institutional and Update the Future Land Use Map from Light Industrial to Suburban Office The planning and economic development manager reviewed this request to rezone a vacant lot adjacent to Eno River Academy from business park to office and institutional. The request includes updating a corresponding portion of the Future Land Use Map from light industrial to suburban office. A motion was made to approve the rezoning ordinance and future land use plan amendment. Motion made by Commissioner Ferguson, seconded by Commissioner Bell. Voting Yea: Commissioners Bell, English, Ferguson and Hughes. Absent: Lloyd E. Unified Development Ordinance text amendment – Section 6.7.5 Fenestration The planning and economic development manager reviewed the proposed amendment to reduce the requirements for glass in the arrangement of windows and doors on a building. She noted the amendment would also clarify that faux glass can be used to mimic the appearance of glass in places where transparent glass may not make sense. It was noted that the town still desires glass coverage and a four-sided building that is aesthetically pleasing, but the current requirements are too large in some cases. A motion was made to approve the Unified Development Ordinance text amendment and consistency statement. Motion made by Commissioner Ferguson, seconded by Commissioner English. Voting Yea: Commissioners Bell, English, Ferguson and Hughes. Absent: Lloyd F. Unified Development Ordinance text amendment – Section 6.5 Buffers; Sub-Section 6.5.7.2 Exceptions (Railroad Buffers) The planning and economic development manager reviewed the proposed amendment to exempt train stations from the 100-foot buffer requirement for new development or redevelopment. This would allow a train station to be closer to the tracks it serves. Campbell noted an expectation to not be bothered by train noise by a train station is low. A motion was made to approve the Unified Development Ordinance text amendment and consistency statement. Motion made by Commissioner Hughes, seconded by Commissioner Ferguson. Voting Yea: Commissioners Bell, English, Ferguson and Hughes. Absent: Lloyd G. Review of town code amendments related to appointed board procedures Community Services Director Margaret Hauth reviewed that the proposed Code of Ordinance amendments relating to the procedures of appointed boards involved consolidating language about the boards in one place in the code, removing three boards that no longer exist and creating language for one board that was not in the code. Lloyd joined the meeting at 7:18 p.m.  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 4 of 24 Hauth further noted: • More information was added about appointment, recruitment and orientation to make the processes more consistent across the boards. • A consistent attendance policy for all boards was added. • Language about how to fill a vacancy was reviewed to ensure it focuses on the Board of Commissioners and allows the board the flexibility to determine the process whenever a vacancy occurs. • Park naming was moved from the Parks and Recreation Board responsibilities. She suggested the board discuss whether to implement residency requirements for Parks and Recreation Board members and term limits and service stipulations for Board of Commissioners members serving on appointed boards. The board will continue discussion at the January meeting and directed staff to: • Add language to the proposal that appointees serve at the pleasure of the Board of Commissioners or the appointing board and can be removed with a formal vote. • Add a requirement to the proposal for residency within a park district for Parks and Recreation Board appointees. • Review the current procedures for each board to determine whether term limits and service stipulations should be set for commissioners serving in some capacity on appointed boards. • Review defining language on boards to determine what should be included in the code. • Review rules of procedures for each board to determine changes that should be made for consistency. • Consider compensation at a later date for appointed board members to encourage diversity. 7. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager There was none. C. Staff (written reports in agenda packet) There was none. A motion was made to move to closed session at 8 p.m. Motion made by Commissioner Hughes, seconded by Commissioner Bell. Voting Yea: Commissioners Bell, English, Ferguson, Hughes and Lloyd. 8. Closed session A. Closed session as authorized by North Carolina General Statute Section 143-318.11 (a)(6) regarding personnel matters (town manager’s evaluation) A motion was made to return to open session at 8:39 p.m. Motion made by Commissioner Ferguson, seconded by Commissioner Bell. Voting Yea: Commissioners Bell, English, Ferguson, Hughes and Lloyd. A motion was made to grant the following benefits to the town manager following the annual evaluation: • Increase in monthly vehicle allowance from $350 to $500.  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 5 of 24 • 3.75% merit raise. • 8.43% market rate salary adjustment. • Additional 40 hours of vacation leave per year. Motion made by Commissioner Bell, seconded by Commissioner Ferguson. Voting Yea: Commissioners Bell, English, Ferguson, Hughes and Lloyd. 9. Adjournment Mayor Weaver adjourned the meeting at 8:42 p.m. Respectfully submitted, Sarah Kimrey Town Clerk Staff support to the Board of Commissioners  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 TOWN OF HILLSBOROUGH Page 6 of 24 FY 2022-2023 BUDGET CHANGES REPORT DATES: 12/12/2022 TO 12/12/2022 CHANGE ORIGINAL BUDGET AMENDED REFERENCE NUMBER DATE USER BUDGET CHANGE BUDGET GF- 10-00-9990-5300-000 CONTINGENCY Contingency To cover insurance 28012 12/12/2022 EBRADFORD 300,000.00 -2,101.00 117,962.00 To cover continued consulting assistance. 28016 12/12/2022 JFernandez 300,000.00 -45,000.00 72,962.00 To cover accounting assistance 28037 12/12/2022 EBRADFORD 300,000.00 -30,000.00 42,962.00 Admin. 10-10-4200-5300-080 TRAINING/CONF./CONV. To cover postage 28013 12/12/2022 EBRADFORD 19,240.00 -200.00 30,928.80 Admin. 10-10-4200-5300-112 POSTAGE To cover postage 28014 12/12/2022 EBRADFORD 300.00 200.00 500.00 Admin. 10-10-4200-5300-540 INSURANCE To cover insurance 28011 12/12/2022 EBRADFORD 341,400.00 2,101.00 344,722.00 Accounting10-10-4400-5300-459 C.S./ACCOUNTING ASSISTANCE To cover continued consulting assistance. 28015 12/12/2022 JFernandez 25,200.00 45,000.00 140,324.16 To cover accounting assistance 28036 12/12/2022 EBRADFORD 25,200.00 30,000.00 170,324.16 Utilities 30-80-7220-5300-112 POSTAGE Admin To fund Postage account 28009 12/12/2022 EBRADFORD 0.00 100.00 100.00 Utilities 30-80-7220-5300-338 SUPPLIES - DATA PROCESSING Admin To fund Postage account 28010 12/12/2022 EBRADFORD 1,700.00 -100.00 1,600.00 WTP 30-80-8120-5300-350 UNIFORMS To cover winter clothing for Water Plant s 28005 12/12/2022 JFernandez 1,500.00 488.06 1,988.06 WTP 30-80-8120-5300-570 MISCELLANEOUS To cover winter clothing for Water Plant s 28004 12/12/2022 JFernandez 1,200.00 -488.06 711.94 Water 30-80-8140-5300-154 MAINTENANCE - GROUNDS Distribution For clearing of sewer easements. 28002 12/12/2022 JFernandez 33,000.00 -2,000.00 31,000.00 Water 30-80-8140-5300-326 SUPPLIES - PATCH Distribution To cover driveway repair contractor. 28007 12/12/2022 JFernandez 6,000.00 4,000.00 10,000.00 WW 30-80-8200-5300-154 MAINTENANCE - GROUNDS Collection For clearing of sewer easements. 28003 12/12/2022 JFernandez 33,000.00 2,000.00 35,000.00 WW 30-80-8200-5300-326 SUPPLIES - PATCH Collection To cover driveway repair contractor. 28006 12/12/2022 JFernandez 20,000.00 -4,000.00 16,000.00 0.00 APPROVED: 4/0 DATE: 12/12/22 VERIFIED: ___________________________________ EBRADFORD 12/07/2022 3:43:39PM Page 1 of 1 fl142r03  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 7 of 24 Quarterly Report Community Development Block Grant-Coronavirus No. 20-V-3528 Emergency Housing Assistance Quarter: April 2022-June 2022 Total Amount of Funds Disbursed: $78,100.18 Payments for Hillsborough Residents: $71,000.16 Administration Costs: $7,100.02 Number of Households Assisted: 15 Average Amount of Assistance Per Household: $4,733.34 DEMOGRAPHICS Applicant Race Count % of Total Applicant Ethnicity Count % of Total Asian 0 0.0% Hispanic and/or Latinx 0 0.0% Black/African American 26 65.0% Not Hispanic and/or Latinx 40 100.0% Multiracial/Other 0 0.0% Unknown 0 0.0% White/Caucasian 14 35.0% 40 100.0% Unknown 0 0.0% 40 100.0% Household Income Count % of Total 30% AMI 13 86.7% 50% AMI 2 13.3% 60% AMI 0 0.0% 15 100.0% ASSISTANCE PROVIDED Expense Type Amount % of Total Funds Disbursed Rent Payments (Current and/or Future) $38,915.81 54.8% Rent Payments (Arrears) $30,894.81 43.5% Rent Deposits/Fees/Bond $30.00 0.0% Utility/Internet Payments $1,159.54 1.6% Mortgage Payments (Current / Future) $0.00 0.0% Mortgage Payments (Arrears) $0.00 0.0% $71,000.16 100.0% 12th This quarterly report was received and reviewed by the Hillsborough Board of Commissioners on the __________ day of December _____________________ 2022. Mayor  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 8 of 24 Regular (Non-Law Enforcement) Positions Salary FLSA Grade Minimum Midpoint Maximum Status Class Code Classification 1 34,205 44,467 54,728 2 35,915 46,690 57,465 N 201 ADMINISTRATIVE SUPPORT SPECIALIST 2 35,915 46,690 57,465 N 202 METER SERVICES TECHNICIAN 3 37,711 49,024 60,338 N 302 EQUIPMENT OPERATOR I 3 37,711 49,024 60,338 N 303 UTILITY MAINTENANCE TECHNICIAN I 4 39,597 51,476 63,355 N 401 CUSTOMER SERVICE REPRESENTATIVE 4 39,597 51,476 63,355 N 402 UTILITY MAINTENANCE TECHNICIAN II 4 39,597 51,476 63,355 N 403 WASTEWATER PLANT OPERATOR I 4 39,597 51,476 63,355 N 404 WATER PLANT OPERATOR I 5 41,576 54,049 66,522 N 502 EQUIPMENT OPERATOR II 5 41,576 54,049 66,522 N 503 SENIOR ADMINISTRATIVE SUPPORT SPECIALIST 5 41,576 54,049 66,522 N 504 UTILITY MAINTENANCE TECHNICIAN III 5 41,576 54,049 66,522 N 505 WASTEWATER PLANT OPERATOR II 5 41,576 54,049 66,522 N 506 WATER PLANT OPERATOR II 6 43,655 56,752 69,848 N 605 ACCOUNTS PAYABLE TECHNICIAN 6 43,655 56,752 69,848 N 601 PLANNING TECHNICIAN 6 43,655 56,752 69,848 N 602 PLANT MAINTENANCE MECHANIC I 6 43,655 56,752 69,848 N 604 UTILITY SYSTEMS MECHANIC I 7 45,838 59,589 73,341 N 706 ACCOUNTING TECHNICIAN 7 45,838 59,589 73,341 N 701 CREW LEADER/EQUIPMENT OPERATOR III 7 45,838 59,589 73,341 N 702 PLANT MAINTENANCE MECHANIC II 7 45,838 59,589 73,341 N 703 UTILITY SYSTEMS MECHANIC II 7 45,838 59,589 73,341 N 704 WASTEWATER PLANT OPERATOR III 7 45,838 59,589 73,341 N 705 WATER PLANT OPERATOR III 8 48,130 62,569 77,008 N 801 FLEET MECHANIC 8 48,130 62,569 77,008 N 802 PLANT MAINTENANCE MECHANIC III 8 48,130 62,569 77,008 N 803 UTILITY SYSTEMS MECHANIC III 9 50,536 65,697 80,858 E 901 BILLING & CUSTOMER SERVICE SUPERVISOR 9 50,536 65,697 80,858 N 902 METER SERVICES SUPERVISOR 9 50,536 65,697 80,858 N 903 UTILITIES INSPECTOR 10 53,063 68,982 84,901 N 1001 BACKFLOW/FOG SPECIALIST 10 53,063 68,982 84,901 N 1002 CHIEF WASTEWATER PLANT OPERATOR 10 53,063 68,982 84,901 N 1003 COMMUNICATIONS SPECIALIST 10 53,063 68,982 84,901 N 1004 FACILITIES COORDINATOR 10 53,063 68,982 84,901 N 1005 OPERATOR IN RESPONSIBLE CHARGE 11 55,716 72,431 89,146 E 1101 PLANNER 11 55,716 72,431 89,146 E 1102 WEB DEVELOPER/ASSISTANT COMMUNICATIONS MANAGER 12 58,502 76,053 93,604 E 1201 BUDGET & MANAGEMENT ANALYST 12 58,502 76,053 93,604 E 1202 FINANCIAL ANALYST 12 58,502 76,053 93,604 E 1203 FLEET MAINTENANCE SUPERVISOR 12 58,502 76,053 93,604 E 1204 HUMAN RESOURCES ANALYST 12 58,502 76,053 93,604 E 1205 MANAGEMENT ANALYST 12 58,502 76,053 93,604 N 1206 STORMWATER PROGRAM COORDINATOR 12 58,502 76,053 93,604 N 1207 WASTEWATER LABORATORY SUPERVISOR  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 9 of 24 13 61,427 79,856 98,284 E 1301 CIVIL ENGINEERING TECHNICAN 13 61,427 79,856 98,284 E 1302 SENIOR PLANNER 13 61,427 79,856 98,284 E 1303 UTILITY MAINTENANCE SUPERVISOR 13 61,427 79,856 98,284 E 1304 UTILITY SYSTEM SUPERVISOR 14 64,499 83,848 103,198 E 1401 TOWN CLERK/HUMAN RESOURCES TECHNICIAN 15 67,724 88,041 108,358 E 1501 SAFETY & RISK MANAGER 16 71,110 92,443 113,776 E 1601 WATER PLANT SUPERINTENDENT 17 74,665 97,065 119,465 E 1701 PUBLIC WORKS MANAGER 17 74,665 97,065 119,465 E 1702 STORMWATER & ENVIRONMENTAL SERVICES MANAGER 17 74,665 97,065 119,465 E 1703 UTILITY SYSTEM SUPERINTENDENT 18 78,399 101,918 125,438 E 1801 ASSISTANT FINANCE DIRECTOR 18 78,399 101,918 125,438 E 1802 COMMUNICATIONS MANAGER 19 82,319 107,014 131,710 E 1901 INFORMATION TECHNOLOGY MANAGER 20 86,434 112,365 138,295 E 2001 BUDGET DIRECTOR 20 86,434 112,365 138,295 E 2002 ENVIRONMENTAL ENGINEERING SUPERVISOR 20 86,434 112,365 138,295 E 2003 HUMAN RESOURCES MANAGER 20 86,434 112,365 138,295 E 2004 PLANNING & ECONOMIC DEVELOPMENT MANAGER 20 86,434 112,365 138,295 E 2005 PUBLIC SPACE & SUSTAINABILITY MANAGER 20 86,434 112,365 138,295 E 2006 DEPUTY UTILTIES DIRECTOR - WATER TREATMENT 21 90,756 117,983 145,210 22 95,294 123,882 152,470 23 100,059 130,076 160,094 24 105,062 136,580 168,099 E 2401 ADMINISTRATIVE SERVICES DIRECTOR 24 105,062 136,580 168,099 E 2402 ASSISTANT TOWN MANAGER/COMMUNITY SERVICES DIRECTOR 24 105,062 136,580 168,099 E 2403 FINANCE DIRECTOR 25 110,315 143,409 176,504 E 2501 UTILITIES DIRECTOR Sworn Law Enforcement Officer Positions Salary FLSA Grade Minimum Midpoint Maximum Status Class Code Classification 100 45,138 58,679 72,220 N 100 POLICE OFFICER TRAINEE 102 51,912 67,485 83,059 N 102 POLICE OFFICER/POLICE OFFICER FIRST CLASS 201 54,508 70,860 87,212 N 203 SENIOR POLICE OFFICER 202 57,233 74,403 91,573 N 204 POLICE CORPORAL 303 59,619 77,505 95,390 N 304 MASTER POLICE OFFICER 402 65,730 85,449 105,168 N 405 POLICE SERGEANT 502 72,467 94,207 115,947 E 507 POLICE LIEUTENANT 601 83,700 108,809 133,919 E 606 POLICE MAJOR 701 105,062 136,580 168,099 E 707 CHIEF OF POLICE  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 10 of 24 RESOLUTION #20221212-5.E RESOLUTION To Accept Monetary Gift for Grounds Improvements At the Town Hall Campus WHEREAS, the Town of Hillsborough has been offered a gift of approximately Twenty Thousand Dollars ($20,000) by Thomas Stevens of Hillsborough, North Carolina with the condition that the funds be used to enhance the surrounding grounds of the Town Hall Campus with public spaces, trails, landscaping, gardens, public art, or similar amenities for the use and benefit of the town and its inhabitants; and WHEREAS, the Hillsborough Board of Commissioners has considered and desires to publicly acknowledge the generous offer, and to formally accept the offer for the uses and purposes stated; NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners on motion by Commissioner Kathleen Ferguson, seconded by Commissioner Matt Hughes, that the Town of Hillsborough does accept the offered monetary gift to be used solely for the purposes stated by the donor, and directs town staff to accept the gift and maintain said funds for such purposes. Approved this 12th day of December of the year 2022. Jenn Weaver, Mayor Town of Hillsborough Attestation: Sarah Kimrey, Town Clerk  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 11 of 24 Town Board’s Statement per N.C. Gen. Stat. 160D-605 The Town of Hillsborough Town Board has received and reviewed the application of Town of Hillsborough, North Carolina to amend the Town of Hillsborough Official Zoning Map as follows: Rezone 6.62 acres of PIN 9874132066 from AR (Agricultural Residential) to LO (Limited Office) retain the existing AR zoning on the remaining 12.88 acres. The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): The rezoning is consistent with the Vision 2030 plan as it supports improving future connectivity and connectedness. Adopted by the Town of Hillsborough Board of Commissioners this 12th day of December, 2022. ______________________ Sarah E. Kimrey, Town Clerk  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 12 of 24 ORDINANCE #20221212-6.B ORDINANCE Amending the Zoning Map of the Town of Hillsborough The Hillsborough Board of Commissioners ordains: Section 1. An application has been made for the zoning map amendment of the property herein. Section 2. The application has been referred to the town Planning Board for its recommendation and the Planning Board has provided the town board with a written recommendation addressing the consistency of the proposed zoning map amendment with the town’s comprehensive plan and such other matters as the Planning Board deemed appropriate. Section 3. The town board has, prior to acting on the application, adopted a statement describing the consistency of the proposed rezoning with the town’s comprehensive plan and explaining why the action contemplated by the town board as reflected herein in reasonable and in the public interest. Section 4. The Official Zoning Map of the Town of Hillsborough is hereby amended to rezone 6.62 acres of PIN 9874132066 from AR (Agricultural Residential) to LO (Limited Office). The remaining 12.88 acres is currently zoned AR and is requested to remain zoned AR. Section 5. The legal description of the parcel area of PIN 9874132066 to be zoned LO is as follows: COMMENCING at a control nail having NCPSCS Coordinates of Northing: 842,791.50’ Easting: 1,970,544.19’; thence South 79°41’04” West a distance of 248.20 feet to an existing PK Nail in the center of Gold Hill Way (a public 69’ Right of Way), as shown in Plat Book 122, Page 96-99, and being the point of BEGINNING; thence North 11°02'16" West a distance of 15.73 feet to a point; thence along the eastern line of John M. Roberts, et al (PIN# 9874-02-5866 / RB 6371, PG 38 / PB 118, PG 145) North 10°57'47" West a total distance of 156.49 feet to an existing rebar on the southeast corner of Roberts Investments LLC [RILLC 1] (PIN# 9874-03-5063 / RB 4779, PG 572 / PB 123, PG 134 [Lot 2C]), and passing a point on the northern R/W of Gold Hill Way at a distance of 19.08 feet; thence along the line of RILLC 1 North 11°54'54" West a distance of 209.76 feet to an existing rebar on the southeast corner of Roberts Investments LLC [RILLC 2] (PIN# 9874-03- 5293 / RB 4779, PG 572 / PB 123, PG 134 [Lot 2B]); thence along the line of RILLC 2 and Roberts Investments LLC [RILLC 3] (PIN# 9874-03-6433 / RB 4779, PG 572 / PB 123, PG 134 [Lot 2A]) North 08°06'11" East a total distance of 360.90 feet to a 1” existing iron pipe on the southeast corner of Roberts Investments LLC [RILLC 4] (PIN# 9874-03-6514 / RB 4779, PG 572 / PB 74, PG 195 [Lot 1B]), and passing an existing 1” iron pipe at a distance of 178.34 feet; thence along the line of RILLC 4 and Roberts Investments LLC [RILLC 5] (PIN# 9874-03-6624 / RB 4779, PG 572 / PB 74, PG 195 [Lot 1A]) North 08°12'23" East a distance of 274.08 feet to an existing 1” iron pipe with cap at the R/W of North Carolina Railroad (a private 200’ R/W); thence along the R/W of the North Carolina Railroad South 57°29'26" East a distance of 430.19 feet to a set iron pipe; thence along a new line the following three (3) calls: South 07°51’20” West a distance of 217.45 feet to a set iron  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 13 of 24 ORDINANCE #20221212-6.B pipe; thence North 82°13’50” West a distance of 74.18 feet to a set iron pipe; thence South 07°51’20” West a total distance of 592.99 feet to a point in the center of Gold Hill Way; thence North 83°44'04" West a distance of 193.58 feet to the point of BEGINNING, containing an area of 288,363 square feet, or 6.620 acres, more or less. For further description see map entitled “Town of Hillsborough; 255 Orange Grove Street – Rezoning Plat” prepared by Ballentine Associates, P.A., David E. Bowers, PLS L-4966, said map dated 13 Sep 2022. Section 6. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 7. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 12th day of December in 2022. Ayes: 4 Noes: 0 Absent or excused: 1 Sarah E. Kimrey, Town Clerk  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 14 of 24 Town Board’s Statement per N.C. Gen. Stat. 160D-605 The Town of Hillsborough Town Board has received and reviewed the application of Town of Hillsborough, North Carolina to amend the Town of Hillsborough Official Zoning Map as follows: Rezone 15.38 ac PIN 9874429362 from LO (Limited Office) to HIC (High Intensity Commercial). The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): The rezoning is consistent with the Vision 2030 plan as it supports economic diversity in the community by making more commercially zoned land available for future development. Adopted by the Town of Hillsborough Board of Commissioners this 12th day of December, 2022. ______________________ Sarah E. Kimrey, Town Clerk  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 15 of 24 ORDINANCE #20221212-6.C ORDINANCE Amending the Zoning Map of the Town of Hillsborough The Hillsborough Board of Commissioners ordains: Section 1. An application has been made for the zoning map amendment of the property herein. Section 2. The application has been referred to the town Planning Board for its recommendation and the Planning Board has provided the town board with a written recommendation addressing the consistency of the proposed rezoning amendment with the town’s comprehensive plan and such other matters as the Planning Board deemed appropriate. Section 3. The town board has, prior to acting on the application, adopted a statement describing the consistency of the proposed rezoning with the town’s comprehensive plan and explaining why the action contemplated by the town board as reflected herein in reasonable and in the public interest. Section 4. The Official Zoning Map of the Town of Hillsborough is hereby amended to rezone 15.38 ac PIN 9874429362 from LO (Limited Office) to HIC (High Intensity Commercial). Section 5. The legal description of the parcel area of PIN 9874429362 to be zoned HIC is as follows: BEING all of that tract or parcel of land labeled as Lot C Remainder consisting of 15.38 acres, more or less, as shown on that certain plat recorded in Plat Book 106, Page 28, Orange County Registry, which is also known as Orange County PIN 9874429362. BEING all of that certain tract or parcel of land known as Lot C according to plat of survey titled "PROPERTY SURVEYED FOR OWL'S WOOD DEVELOPMENT, LLC", dated December 11, 1998 by Callemyn-Parker, Inc., which plat is recorded in Plat Book 82, at Page 104 of the Orange County Registry. LESS AND EXCEPT that certain tract or parcel of land known as Lot C-1 according to final plat titled "RECOMBINATION SURVEY FOR OWL'S WOOD DEVELOPMENT, LLC", dated September 4, 2009 by Summit Consulting-Engineering, Architecture and Surveying, PLLC, which plat is recorded in Plat Book 106, at Page 28 of the Orange County Registry. Section 6. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 7. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 12th day of December in 2022.  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 16 of 24 Ayes: 4 ORDINANCE #20221222-6.C Noes: 0 Absent or excused: 1 Sarah E. Kimrey, Town Clerk  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 17 of 24 Town Board’s Statement per N.C. Gen. Stat. 160D-605 The Town of Hillsborough Town Board has received and reviewed the application of Town of Hillsborough, North Carolina to amend the Town of Hillsborough Official Zoning Map and Future Land Use Plan Map as follows: Rezone 5.44 ac PIN 9875075617 from BP (Business Park) to O&I (Office and Institutional) and modify the future land use plan for the same parcel from Light Industrial to Suburban Office. The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): The rezoning and future land use plan amendment is consistent with the Vision 2030 plan as it supports economic diversity in the community by making more commercially zoned land available for future development and it encourages land development patterns that maximize the diversity of land uses across town. Adopted by the Town of Hillsborough Board of Commissioners this 12th day of December, 2022. ______________________ Sarah E. Kimrey, Town Clerk  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 18 of 24 ORDINANCE #20221212-6.D ORDINANCE Amending the Zoning Map and Future Land Use Map of the Town of Hillsborough The Hillsborough Board of Commissioners ordains: Section 1. An application has been made for a zoning map amendment and future land use map amendment of the property herein. Section 2. The application has been referred to the town Planning Board for its recommendation and the Planning Board has provided the town board with a written recommendation addressing the consistency of the proposed rezoning amendment with the town’s comprehensive plan and such other matters as the Planning Board deemed appropriate. Section 3. The town board has, prior to acting on the application, adopted a statement describing the consistency of the proposed rezoning with the town’s comprehensive plan and explaining why the action contemplated by the town board as reflected herein in reasonable and in the public interest. Section 4. The Official Zoning Map of the Town of Hillsborough is hereby amended to rezone 5.44 ac PIN 9875075617 from BP (Business Park) to O&I (Office and Institutional) and the Future Land Use Plan Map is herby amended to move this parcel from Light Industrial to Suburban Office designation. Section 5. The legal description of the parcel area of PIN 9875075617 to be zoned O&I is as follows: BEING all that certain tract or parcel of land being designated as LOT B, as shown on plat entitled “Final Plat Property Surveyed for CCD Corp. LOTS “A”-“D”. LOT B contains 5.44 acres, more or less, as shown on plat of survey recorded in Plat Book 104, at Page 58, to which reference is hereby made for a more particular description of the same. Section 6. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 7. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 12th day of December in 2022. Ayes: 4 Noes: 0 Absent or excused: 1 Sarah E. Kimrey, Town Clerk  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 19 of 24 Town Board’s Statement per N.C. Gen. Stat. 160D-605 The Town of Hillsborough Town Board has received and reviewed the application of Planning staff to amend the Town of Hillsborough Unified Development Ordinance as follows: Amend UDO Section 6.7.5 to include reducing the amount of ground and upper floors glass required for commercial/multifamily buildings and clarify that spandrel and faux glass are permitted to be used when interior views to a building are not feasible. Additionally, an example of what a simulated or faux window is included in this section. The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): These amendments are consistent with Vision 2030 goal of ensuring that future development is compatible with the special character of Hillsborough Adopted by the Town of Hillsborough Board of Commissioners this 12th day of December 2022. _________________________________________ Sarah E. Kimrey, Town Clerk  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 20 of 24 ORDINANCE #20221212-6.E ORDINANCE Amending the Unified Development Ordinance of the Town of Hillsborough The Hillsborough Board of Commissioners ordains the following amendments: 6.7.5 FENESTRATION AND GLAZING 6.7.5.1 Buildings shall not have a blank wall oriented to a public or private street. 6.7.5.2 Ground-floor building facades adjacent to existing or proposed public or private streets shall include window and glass door Openings such as windows and doors shall account for openings comprising a minimum of 50% 40% on the of ground floors of the façades and 30% 25% of the upper floors of the facades. On buildings with at least one tenant space 30,000 sf or larger, openings such as windows and doors shall account for a minimum of 30% of the front façade. 6.7.5.3 Street level glazing shall be visually transparent, although UV coatings are permitted. Mirrored glass is prohibited. Spandrel and faux glass are permitted where interior views are not possible or feasible due to interior location of equipment, kitchens, production or stock areas, restrooms, and other uses where interior views are not appropriate. Transom windows are encouraged and may be used in meeting the requirements of 6.7.5.2 in these locations to provide natural light to the interior of the structure. 6.7.5.4 Windows shall have a vertical-to-horizontal ratio of 1:2 except where storefront glass is employed. Two or more vertically oriented windows may be grouped together provided grouped windows grouped are the same size. This does not apply to buildings with at least one tenant space 30,000 sf or larger. 6.7.5.5 Design treatments intended to simulate windows that have been covered or filled in are prohibited. Example below:  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 21 of 24 ORDINANCE #20221212-6.E The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 12th day of December in 2022. Ayes: 4 Noes: 0 Absent or excused: 1 Sarah E. Kimrey, Town Clerk  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 22 of 24 Town Board’s Statement per N.C. Gen. Stat. 160D-605 The Town of Hillsborough Town Board has received and reviewed the application of Planning staff to amend the Town of Hillsborough Unified Development Ordinance as follows: Amend UDO Section 6.5.7 to exempt the development or redevelopment of a train station, passenger platform, walkways or other related items to server rail or transit from the 100- foot buffer standards. The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): These amendments are consistent with Vision 2030 goal of improving connectivity and connectedness by removing barriers for alternative forms of transportation such as rail. Adopted by the Town of Hillsborough Board of Commissioners this 12th day of December 2022. _________________________________________ Sarah E. Kimrey, Town Clerk  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 23 of 24 ORDINANCE #20221212-6.F ORDINANCE Amending the Unified Development Ordinance of the Town of Hillsborough The Hillsborough Board of Commissioners ordains the following amendments: 6.5.7 SPECIAL CIRCUMSTANCES BASED ON ADJACENT CONDITIONS 6.5.7.1 Where the buffer required between a land use and vacant land turns out to be greater than that buffer which is required between the first use and the subsequently developed use, the subsequent use may provide one-half (.5) of the required buffer. The existing use may expand its use into the original buffer area, provided the resulting total buffer between the two uses meets the buffer requirements of Table 6.5.10. 6.5.6.2. When a parcel to be developed is adjacent to an Interstate or railroad right of way, a 100- foot undisturbed buffer shall be provided along the adjacent property line, regardless of the requirement in Table 6.5.10. This buffer shall be planted to meet the standard of a Type D buffer if the existing vegetation does not meet that standard. Exceptions to this requirement are as follows: 6.5.7.2.a If an existing public road separates the parcel where development is proposed from an Interstate or railroad right of way, no buffer shall be required. This section applies to constructed public roads, regardless of where the road right of way exists in relation to the railroad or Interstate right of way. 6.5.7.2.b If the applicant property is the redevelopment of an existing parcel with a platted land use buffer from a previous development code, the maintenance of that previously required buffer shall be taken to satisfy the Type D buffer. 6.5.7.2.c If the applicant property is of an existing single-family parcel where a land use buffer was not shown on the recorded plat creating the parcel, the Type D buffer will not be required. 6.5.7.2.d If the applicant property is the development or redevelopment of a train station, passenger platform, walkways or other related items to serve rail or transit passengers such as parking, maintenance, or loading of the railroad the 100-foot buffer standards do not apply. 6.5.7.3. When a non‐residential parcel is adjacent to a street classified as arterial or collector, no buffer shall be required along the street frontage, regardless of the requirement in Table 6.5.10, unless modified by the permit‐issuing authority. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 12th day of December in 2022.  Dec. 12, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Jan. 9, 2023 Page 24 of 24 ORDINANCE #20221212-6.F Ayes: 4 Noes: 0 Absent or excused: 1 Sarah E. Kimrey, Town Clerk